Maersk’s subsidiary Hamburg Süd hit by largest FMC fine

Hamburg Sud containers

Hamburg Süd, owned by Danish giant ocean carrier Maersk, received the largest penalty from the Federal Maritime Commission (FMC) for the OJ Commerce (OJC) case.

Florida-based e-commerce firm OJC filed a case with the FMC in December 2021, seeking US$100 million in damages accusing Hamburg Süd of contract breaches and unreasonably high prices.

FMC said in its statement “This case raises novel legal issues about refusal to deal claims, retaliation claims, and calculation of reparations.”

FMC decided to fine Maersk-owned box carrier with US$9.4 million, which is more than three times higher than any other FMC penalties announced this year.

Both companies disagree about many of the factual allegations, according to the Commission, which noted the parties heavily litigated this proceeding, with multiple motions to compel evidence filed and allege that the other party violated discovery requirements.

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